November 14, 2023

Mainland China Foreign Affairs Offices have started legalising Public Documents by means of an Apostille

In a significant development aimed at enhancing efficiency and reducing bureaucratic hurdles, the People’s Republic of China has officially acceded to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, marking a historic shift in the documentary verification and officiation process between China and Malta. This landmark change, which entered into effect from November 7th, 2023, carries immense implications for individuals, families or business persons who are seeking to relocate to Malta under the various programmes available, whether under the Malta Permanent Residence Permit (MPRP) or other relocation options. The apostille system significantly simplifies document preparation and verification processes in terms of public documents executed within Chinese territory, and had already been implemented by Hong Kong Special Administrative Region and the Macao Special Administrative Region administrations.

This positive change is welcomed not only by Chinese individuals seeking to relocate to Malta or other parts of Europe, but also by legal practitioners, professional service providers, and official Malta Government licensed Agents, such as Dr Russell Attard Baldacchino (AKM-BALD). This is extremely relevant to Chinese citizens who wish to make a move and live in Malta, since the respective Malta Government Agencies, such as the Residency Malta Agency, the Community Malta Agency (Komunita), or Identita’ (previously Identity Malta) , as well as the Malta Public Registry, apply strict requirements in terms of their document submission and certification requirements.

Prior to this change being implemented, documents that would have either been required in original format from China (such as an applicant’s non-criminal record or birth record), or documents produced in China as certified true copy of the original by the Chinese Notarial Office and thus considered a public document, would have been subject to a double-legalisation requirement before being accepted by the Maltese authorities. This costly, time-consuming, and sometimes logistically complex process required the document in question to be first physically submitted for initial verification and legalisation by the respective Chinese authority office, and subsequently physically delivered to the Malta Embassy or Consulate in China to undergo a second round of verification and double-legalisation. In other words, documents that were subject to this double-legalisation requirement by the respective Maltese Government offices could not be submitted in Malta before undergoing this process, which could have taken months to fully complete. It is interesting to note that given the fact that this double legalisation procedure required the physical delivery of documentation to more than one official office in specific locations in China, this also served as a severe stumbling block to individuals who were already subject to restricted mobility within China during the COVID-19 pandemic, and who thus, experienced further delays to not being able to have their documents double-legalised for submission in Malta.

The excellent news is that with the introduction of this new system, China issued public documents will only be subject to one round of verification, whereby documents that now require an apostille (in lieu of the double legalisation process) simply need to be submitted to any of the 31 authorised Local Foreign Affairs Offices for issuing apostille in China, being located across mainland China and in most major cities. Therefore, simply put, an apostille is a form of authentication that seeks to simplify the process of legalizing and authenticating public documents so that they can be recognized internationally in foreign countries that are members of the 1961 Hague Convention Treaty.

Given the reciprocal nature of the system, public documents issued in Malta that are required for submission to the authorities or Government Offices in China that require this legalisation process, may be handled by means of a walk-in service offered by the Ministry for Foreign and European Affairs and Trade during the visiting hours, or by depositing the documents in a drop-box situated behind the main door of the Ministry’s premises at 18, Zachary Street, Valletta. More information on this may be found on Malta’s official Consular Plus services dedicated Legalisation of Documents webpage, and should any guidance or assistance be needed on this, you can schedule a free consultation call with our team.

Furthermore, you can find a summery of the key points of the agreement and official notice from the Chinese Embassy in Malta below:

Key Points of the Agreement:

Convention Abolishing Legalisation Requirement:
- On March 8, 2023, China joined the Convention, with its enforcement between China and Malta scheduled for November 7, 2023.
- The Convention already applies to the Hong Kong Special Administrative Region and the Macao Special Administrative Region.

Elimination of Consular Legalization:
- As of November 7, 2023, public documents executed in Malta within the Convention’s scope can be sent to China with an Apostille issued by Malta’s competent authority and vice versa.
- Consular legalization from both the Maltese side and the Chinese Embassy in Malta is no longer required.
- The Apostille for Chinese documents can be issued by the Ministry of Foreign Affairs of China or the Foreign Affairs Offices of relevant local governments.
  - 领事认证/附加证明书在线核查系统 (mfa.gov.cn)

Role of the Chinese Embassy in Malta:
- As of November 7, 2023, the Embassy of the People’s Republic of China in Malta will cease consular legalization services.
- Public documents from Malta intended for use in the Chinese mainland should now apply for an Apostille from the Ministry for Foreign and European Affairs and Trade of Malta.

Verification Process and Precautions:
- The Apostille issued under this agreement serves to prove the authenticity of signatures, the identity of signatories, and the authenticity of seals on public documents.
- Organizations in China are advised to inquire in advance about specific requirements for format, content, time limits, translation, and other aspects of foreign public documents to ensure smooth acceptance of Apostilles issued by the relevant Maltese authorities.

Please find the official notice as published and extracted from the Chinese Embassy in Malta below:

Notice on the Cessation of Consular Legalization Service

2023-10-31 00:31

I. On March 8, 2023, China acceded to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (hereinafter referred to as the Convention). On November 7, 2023, the Convention will enter into force between China and Malta. The Convention will continue to apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of China.

II. From November 7, 2023, the public documents properly executed in Malta within the scope of the Convention, can be sent to Chinese mainland for use with the Apostille issued by the competent authority of Malta, and the consular legalisation from the Maltese side and the Chinese Embassy in Malta are no longer required.

All public documents within the scope of the Convention sent from China to Malta will no longer be subject to consular legalisation by the Chinese authority and the Maltese Embassy and Consulate General in China, but will be subject to the Apostille. The Ministry of Foreign Affairs of China is the competent authority for issuing Apostille for public documents executed within Chinese territory. Entrusted by the Ministry of Foreign Affairs of China, the Foreign Affairs Offices of relevant local governments in China can issue the Apostille for public documents executed within their respective administrative regions (see the list attached). The Apostille can be verified online in the website: https://consular.mfa.gov.cn/VERIFY/. Specific procedures and requirements for applying Apostille can be checked by visiting the China Consular Service website(http://cs.mfa.gov.cn/) or the websites of relevant local Foreign Affairs Offices.

III. From November 7, 2023, the Chinese Embassy in Malta will terminate consular legalisation service. For public documents executed in Malta, which intended for using in Chinese mainland, please apply for Apostille from the Ministry for Foregn and European Affairs and Trade of Malta.

IV.According to the the provisions of Convention, Apostille is used to prove the authenticity of the signature on the public document, the identity of the signatory of the document at the time of signing, and to confirm the authenticity of the seal on the document when necessary. In order to avoid that Apositille issued by relevant Maltese authority will not be accepted by the receiving organization in China, it shall be inquired in advance with the receiving organization about the specific requirements for the format, content, time limit, translation and other aspects of foreign public documents before proceeding with Apostille application.

Chinese Embassy in Malta

October 30, 2023

Attachment:

List of Authorized Local Foreign Affairs Offices for issuing APOSTILLE (31 in total)

Anhui Province, Chongqing City, Fujian Province, Guangdong Province, Guangxi Zhuang Autonomous Region, Guizhou Province, Henan Province, Heilongjiang Province, Hubei Province, Hunan Province, Hainan Province, Jilin Province, Jiangsu Province, Jiangxi Province, Liaoning Province, Sichuan Province, Shandong Province, Shanghai City, Shaanxi Province, Yunnan Province, Zhejiang Province, Gansu Province, Hebei Province, Shanxi Province, Inner Mongolia Autonomous Region, Changchun City, Harbin City, Ningbo City, Jinan City, Qingdao City, Shenzhen City.

This blogpost is being published strictly for informational and educational purposes, and should be correct and accurate at the time of publication. The content of this publication should not be considered as formal legal, immigration, or tax advice.